[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Rules and Regulations]
[Pages 27639-27642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9141]



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Part II





Environmental Protection Agency





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40 CFR Parts 52 and 81



Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designation of Areas for Air Quality Planning 
Purposes; Ohio; Redesignation of Jefferson County to Attainment of the 
8-Hour Ozone Standard; Final Rule

Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules 
and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 81

[EPA-R05-OAR-2006-0891; FRL-8312-7]


Determination of Attainment, Approval and Promulgation of 
Implementation Plans and Designation of Areas for Air Quality Planning 
Purposes; Ohio; Redesignation of Jefferson County to Attainment of the 
8-Hour Ozone Standard

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On July 31, 2006, the Ohio Environmental Protection Agency 
(Ohio EPA) submitted a request to redesignate Jefferson County, Ohio to 
attainment of the 8-hour ozone National Ambient Air Quality Standard 
(NAAQS). In this submittal, Ohio EPA also requested EPA approval of an 
Ohio State Implementation Plan (SIP) revision for the ozone maintenance 
plan for Jefferson County. Additional supporting information was also 
submitted on October 3, 2006. Jefferson County is the Ohio portion of 
the Steubenville-Weirton, WV-OH 8-hour ozone nonattainment area. EPA is 
making a determination that this area has attained the 8-hour ozone 
NAAQS. This determination is based on three years of complete, quality-
assured ambient air quality monitoring data for the 2003-2005 ozone 
seasons that demonstrate that the 8-hour ozone NAAQS has been attained 
in the area. Quality-assured monitoring data for 2006 show that the 
area continues to attain the standard. EPA is also approving, as a SIP 
revision, the State's maintenance plan for Jefferson County. As a 
result, Ohio has now satisfied the criteria for redesignation of 
Jefferson County to attainment, and EPA is approving the requested 
redesignation. Further, EPA is approving, for purposes of 
transportation conformity, the motor vehicle emission budgets (MVEBs) 
for the year 2018 that are contained in the 11-year 8-hour ozone 
maintenance plan for Jefferson County.

DATES: This final rule is effective on June 15, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-R05-OAR-2006-0891. All documents in the docket are listed on 
the www.regulations.gov Web site. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyrighted material, is 
not placed on the Internet and will be publicly available only in hard 
copy form. Publicly available docket materials are available either 
electronically through www.regulations.gov or in hard copy at the 
Environmental Protection Agency, Region 5, Air and Radiation Division, 
77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is 
open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays. We recommend that you telephone Jennifer Dunn, 
Environmental Engineer, at (312) 353-5899 before visiting the Region 5 
office.

FOR FURTHER INFORMATION CONTACT: Jennifer Dunn, Environmental Engineer, 
Criteria Pollutant Section, Air Programs Branch (AR-18J), U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
Chicago, Illinois 60604, (312) 353-5899, [email protected].

SUPPLEMENTARY INFORMATION: In the following, whenever ``we,'' ``us,'' 
or ``our'' are used, we mean the United States Environmental Protection 
Agency.

Table of Contents

I. What Is the Background for This Rule?
II. What Comments Did We Receive on the Proposed Action?
III. What Are Our Final Actions?
IV. Statutory and Executive Order Review

I. What Is the Background for This Rule?

    The Clean Air Act (CAA) requires EPA to designate as nonattainment 
any area that is violating the 8-hour ozone NAAQS based on three 
consecutive years of air quality monitoring data. EPA designated the 
Steubenville-Weirton, WV-OH area, including Jefferson County, as a 
nonattainment area in a Federal Register notice published on April 30, 
2004 (69 FR 23857). At the same time EPA classified the area as a 
subpart 1 8-hour ozone nonattainment area, based on air quality 
monitoring data from 2001 to 2003.
    On July 31, 2006, and supplemented on October 3, 2006, Ohio 
submitted a request for redesignation of Jefferson County to attainment 
for the 8-hour ozone standard. The redesignation request included three 
years of complete, quality-assured data for the period of 2003 through 
2005, indicating the 8-hour NAAQS for ozone had been achieved in the 
entire Steubenville-Weirton, WV-OH area. An area meets the NAAQS when 
the 3-year average of the annual fourth-highest daily maximum 8-hour 
average ozone concentration, analyzed for all locations in the area, is 
less than or equal to 0.08 ppm. Under the CAA, nonattainment areas may 
be redesignated to attainment if sufficient complete, quality-assured 
data are available for the Administrator to determine that the area has 
attained the standard and the area meets the other CAA redesignation 
requirements in section 107(d)(3)(E). The January 8, 2007, proposed 
rule (72 FR 711) provides a discussion of how the State of Ohio met 
these requirements for Jefferson County.

II. What Comments Did We Receive on the Proposed Action?

    EPA provided a 30-day review and comment period on the January 8, 
2007, proposed rule. EPA received no comments.
    The United States Court of Appeals for the District of Columbia 
Circuit recently vacated EPA's April 30, 2004 ``Final Rule to Implement 
the 8-Hour Ozone National Ambient Standard'' (the Phase 1 
implementation rule). South Coast Air Quality Management District v. 
EPA, No. 04-1200, 472 F.3d 882 (DC Cir. 2007). EPA issued a 
supplemental proposed rulemaking that set forth its views on the 
potential effect of the Court's ruling on this and other proposed 
redesignation actions, 72 FR 13452 (March 22, 2007). EPA proposed to 
find that the Court's ruling does not alter any requirements relevant 
to the proposed redesignations that would prevent EPA from finalizing 
these redesignations, for the reasons fully explained in the 
supplemental notice. EPA provided a 15-day review and comment period on 
this supplemental proposed rulemaking. The public comment period closed 
on April 6, 2007. EPA received six comments, all supporting EPA's 
supplemental proposed rulemaking, and supporting redesignation of the 
affected areas. EPA recognizes the support provided in these comments 
but does not believe any specific response to comments is necessary 
with respect to these comments.

III. What Are Our Final Actions?

    EPA is taking several related actions. EPA is making a 
determination that the Steubenville-Weirton, WV-OH nonattainment area 
has attained the 8-hour ozone standard. EPA is also approving Ohio's 
maintenance plan SIP revision for Jefferson County (such approval being 
one of the CAA criteria for redesignation to attainment status). The 
maintenance plan, in conjunction with the maintenance plan for the West 
Virginia portion of the area, is designed

[[Page 27641]]

to keep the area in attainment for ozone for the next 11 years, through 
2018. Because Ohio has met these and other prerequisites for 
redesignation, EPA is approving the State's request to change the legal 
designation of the Jefferson County area from nonattainment to 
attainment for the 8-hour ozone NAAQS. In addition, and supported by 
and consistent with the ozone maintenance plan, EPA is approving the 
2018 volatile organic compounds (VOC) and oxides of nitrogen 
(NOX) MVEBs for Jefferson County for transportation 
conformity purposes. The 2018 MVEBs for Jefferson County, Ohio are 1.37 
tons per day for VOC and 1.67 tons per day for NOX.

IV. Statutory and Executive Order Review

Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and, therefore, is 
not subject to review by the Office of Management and Budget.

Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    Because it is not a ``significant regulatory action'' under 
Executive Order 12866 or a ``significant energy action,'' this action 
is also not subject to Executive Order 13211, ``Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use'' (66 FR 28355, May 22, 2001).

Regulatory Flexibility Act

    This action merely approves state law as meeting Federal 
requirements and imposes no additional requirements beyond those 
imposed by state law. Redesignation of an area to attainment under 
section 107(d)(3)(E) of the Clean Air Act does not impose any new 
requirements on small entities. Redesignation is an action that affects 
the status of a geographical area and does not impose any new 
regulatory requirements on sources. Accordingly, the Administrator 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities under the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.).

Unfunded Mandates Reform Act

    Because this rule approves pre-existing requirements under state 
law and does not impose any additional enforceable duty beyond that 
required by state law, it does not contain any unfunded mandate or 
significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4).

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    This rule also does not have tribal implications because it will 
not have a substantial direct effect on one or more Indian tribes, on 
the relationship between the Federal Government and Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
Government and Indian tribes, as specified by Executive Order 13175 (65 
FR 67249, November 9, 2000).

Executive Order 13132: Federalism

    This action also does not have Federalism implications because it 
does not have substantial direct effects on the states, on the 
relationship between the national government and the states, or on the 
distribution of power and responsibilities among the various levels of 
government, as specified in Executive Order 13132 (64 FR 43255, August 
10, 1999). Redesignation is an action that merely affects the status of 
a geographical area, and does not impose any new requirements on 
sources, or allows a state to avoid adopting or implementing additional 
requirements, and does not alter the relationship or distribution of 
power and responsibilities established in the Clean Air Act.

Executive Order 13045: Protection of Children From Environmental Health 
and Safety Risks

    This rule also is not subject to Executive Order 13045 ``Protection 
of Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997), because it approves a state rule implementing a 
federal standard.

National Technology Transfer Advancement Act

    In reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. In 
this context, in the absence of a prior existing requirement for the 
state to use voluntary consensus standards (VCS), EPA has no authority 
to disapprove a SIP submission for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews a SIP 
submission, to use VCS in place of a SIP submission that otherwise 
satisfies the provisions of the Clean Air Act. Redesignation is an 
action that affects the status of a geographical area but does not 
impose any new requirements on sources. Thus, the requirements of 
section 12(d) of the National Technology Transfer and Advancement Act 
of 1995 (15 U.S.C. 272 note) do not apply.

Paperwork Reduction Act

    This rule does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under Section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by July 16, 2007. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this rule for the purposes of judicial 
review, nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to force its requirements. (See Section 307(b)(2).)

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Nitrogen dioxide, Ozone, Particulate matter, Volatile 
organic compounds.

40 CFR Part 81

    Environmental protection, Air pollution control, National parks, 
Wilderness areas.

    Dated: May 2, 2007.
Margaret Guerriero,
Acting Regional Administrator, Region 5.

0
Parts 52 and 81, chapter I, title 40 of the Code of Federal Regulations 
are amended as follows:

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PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart KK--Ohio

0
2. Section 52.1885 is amended by adding paragraph (ff) to read as 
follows:


Sec.  52.1885  Control strategy: Ozone.

* * * * *
    (ff) Approval--The 8-hour ozone maintenance plans for the following 
areas have been approved:
    (1) Jefferson County, as submitted on July 31, 2006 and 
supplemented on October 3, 2006. The maintenance plan establishes 2018 
motor vehicle emission budgets for Jefferson County of 1.37 tons per 
day for volatile organic compounds and 1.67 tons per day for oxides of 
nitrogen.

PART 81--[AMENDED]

0
1. The authority citation for part 81 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.


0
2. Section 81.336 is amended by revising the entry for Steubenville-
Weirton, OH-WV: Jefferson County in the table entitled ``Ohio Ozone (8-
Hour Standard)'' to read as follows:


Sec.  81.336  Ohio.

* * * * *

                                                              Ohio Ozone (8-Hour Standard)
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                                                       Designation \a\                                               Classification
       Designated area        --------------------------------------------------------------------------------------------------------------------------
                                             Date\1\                           Type                       Date\1\                        Type
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                                                                      * * * * * * *
Steubenville-Weirton, OH-WV:   6/15/07...........................  Attainment.                  ...........................  ...........................
 Jefferson County.
 
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\a\ Includes Indian Country located in each county or area, except as otherwise specified.
\1\ This date is June 15, 2004, unless otherwise noted.

 [FR Doc. E7-9141 Filed 5-15-07; 8:45 am]
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